In the public mind, the Endangered Species Act (ESA) protects
species close to extinction, such as the bald eagle and the peregrine
falcon. It does not endanger family farms.

1,400 farmers in the Upper Klamath Lake region of Oregon and
California beg to differ.

Recently, the U.S. Fish and Wildlife Service issued an opinion
that, in light of a drought in the Klamath Basin, sucker fish
and coho salmon could suffer if local farmers continue to receive
irrigation water.1 The Bureau of Reclamation thus decided this
spring that it would not deliver water to over 200,000 acres of
farmland consisting of 1,400 family farms.2

Oregon Senator Gordon Smith (R) estimates that no irrigation
water will mean a loss of $200 million to the local economy.3
Farmers will have no income and seasonal workers will be out of
jobs. Even schools and businesses such as restaurants, car dealerships,
hardware stores and their employees will be affected.

The loss of 1,400 family farms would be unfortunate under any
circumstance, but this situation is especially poignant as many
of these farmers are World War II veterans who were encouraged
to farm in the Klamath Basin by the federal government, which
promised them water rights.4 But, as a result of the ESA - enacted
in 1973 to "conserve" species of animals and plants
that were listed as "endangered" or "threatened,"
and lawsuits under it by environmental activists5 - a judge has
concluded that "Congress [made] it abundantly clear that
the balance has been struck in favor of affording endangered species
the highest of priorities."6

Paul and Gertrude Christy came to the Klamath Basin region
after Paul served in World War II, attracted by the federal government's
offer. The Christys moved into an old Army barracks and began
farming just 70 acres. Eventually, they became one of the area's
major horseradish suppliers. Paul Christy recently told CNS News:
"In the dry years we always shared our water with the fish
and the Indians. I don't think any fish died. The people who passed
the Endangered Species Act had a good idea, but now it's being
used as a club against the farmers."7 He added that this
year's crop has been planted but, unless they get water by July,
there will be no harvest this fall.

Across the country, similar cases pit the ESA against the livelihood
of ordinary Americans. Most are not settled quickly, inexpensively
or without great hardship. Representative Wally Herger (R-CA),
whose district includes part of the Klamath Basin, is right in
saying that, under present law, "Once an animal or fish species
is 'listed' its needs come first - before the rights and livelihoods
of the American people."8

Herger complains that it is possible to protect the fish in
the Klamath Basin without harming the farmers.9 A top Department
of Interior official concurs, saying the study used to defend
the cutoff of water to the farmers lacks "credibility."10

Frustrated by the loss of water, farmers have recently opened
headgates to irrigation canals. Federal officials reopened them
after the local sheriff refused to intervene against the farmers.
Bureau of Reclamation officials have since asked federal marshals
and the FBI to help them keep the headgates closed.11

Only Congress can fix the ESA. But rather than tackle the issue,
Congress is considering $20 million in financial aid.12 Even if
the aid is approved, it would hardly begin to compensate for the
losses being suffered.

Rather than spending tax dollars to mitigate the damaging effects
of one of its own laws, Congress should amend the ESA to add protection
for endangered farmers and ranchers. It could prohibit any government
agency from taking action that diminishes the value of private
property or require that compensation for damages be paid. Congress
could also require an independent scientific review of all proposed
listings of threatened and endangered species as well require
as a public comment period for the implementation of new endangered
species listings. It could even provide incentives to landowners
to reward them for protecting a species, a policy that would benefit
everyone.

Such changes might not come in time for the farmers of the
Klamath Basin. But they might save others from sharing their fate.